Nebraska Revised Statute 25-1315.03

Chapter 25 Section 1315.03

25-1315.03.

Order for directed verdict or for new trial; appeal.

An order entering judgment as provided in section 25-1315.02 or granting or denying a new trial is an appealable order. The time for and manner of taking such appeal shall be as in an appeal from a judgment, decree, or final order of the district court in a civil action. On appeal from an order granting a new trial, upon a review of an order denying a new trial in the action in which such motion was made, or on appeal from the judgment, the appellate court may order and direct judgment to be entered in favor of the party who was entitled to such judgment.

Source

  • Laws 1947, c. 85, § 1(2), p. 263;
  • Laws 1955, c. 89, § 1, p. 263;
  • Laws 1991, LB 732, § 49;
  • Laws 1992, LB 360, § 5.

Annotations

  • 1. Appealable order

  • 2. Procedure

  • 3. Action of Supreme Court

  • 4. Miscellaneous

  • 1. Appealable order

  • The filing of a motion for new trial and its subsequent overruling do not convert an otherwise unappealable order into an appealable order. Similarly, the failure to file a motion for new trial does not preclude a party from appealing a final order. Jarrett v. Eichler, 244 Neb. 310, 506 N.W.2d 682 (1993).

  • The denial of a judgment authorized by section 25-1315.02 is an appealable order under this section. Ditloff v. Otto, 239 Neb. 377, 476 N.W.2d 675 (1991).

  • On appeal from the county court sitting as a juvenile court, an order of the district court remanding the case to the county court for a further dispositional hearing is a final order appealable to this court. In re Interest of Roman, 212 Neb. 919, 327 N.W.2d 36 (1982).

  • Order overruling motion for judgment in accordance with a motion for directed verdict may be reviewed on appeal although no verdict was returned by the jury. Bailey v. Williams, 189 Neb. 484, 203 N.W.2d 454 (1973).

  • An order granting a new trial in a civil action is appealable. Morford v. Lipsey Meat Co., Inc., 179 Neb. 420, 138 N.W.2d 653 (1965).

  • Where appropriate motions have been made, the granting or denying of a new trial is an appealable order. Hungerford v. Knudsen, 171 Neb. 125, 105 N.W.2d 568 (1960).

  • Appeal from order granting a new trial is authorized. Sleezer v. Lang, 170 Neb. 239, 102 N.W.2d 435 (1960); Dunlap v. Welch, 152 Neb. 459, 41 N.W.2d 384 (1950); Greenberg v. Fireman's Fund Ins. Co., 150 Neb. 695, 35 N.W.2d 772 (1949).

  • Order granting or denying a new trial is an appealable order. Mueller v. Keeley, 163 Neb. 613, 80 N.W.2d 707 (1957).

  • Order denying a new trial is an appealable order. Lund v. Holbrook, 153 Neb. 706, 46 N.W.2d 130 (1951).

  • Order for entry of judgment notwithstanding the verdict is an appealable order. Krepcik v. Interstate Transit Lines, 151 Neb. 663, 38 N.W.2d 533 (1949).

  • 2. Procedure

  • The filing of a notice of appeal and a deposit of a docket fee within 30 days after an order overruling a motion for new trial timely filed in a county court perfects an appeal to the district court from the final order of the county court. 132nd Street Ltd. v. Fellman, 245 Neb. 59, 511 N.W.2d 88 (1994).

  • On an appeal from the entry of a judgment notwithstanding the verdict, all parties must preserve all errors on which they rely, alternative or otherwise, by adequate assignments in their respective briefs. Armer v. Omaha & C. B. St. Ry. Co., 153 Neb. 352, 44 N.W.2d 640 (1950).

  • Where trial court has granted new trial, correctness of ruling may properly be raised by direct appeal. Wagner v. Loup River Public Power Dist., 150 Neb. 7, 33 N.W.2d 300 (1948).

  • 3. Action of Supreme Court

  • Order of trial court overruling motions of defendant for a directed verdict and for judgment notwithstanding the verdict reversed and cause remanded with directions to enter judgment for defendant. Welsh v. Zuck, 192 Neb. 1, 218 N.W.2d 236 (1974).

  • Supreme Court can direct entry of judgment for defendant notwithstanding verdict. Laurinat v. Giery, 157 Neb. 681, 61 N.W.2d 251 (1953).

  • Supreme Court may review action on motion for directed verdict even though jury failed to agree. In re Estate of Fehrenkamp, 154 Neb. 488, 48 N.W.2d 421 (1951).

  • Judgment directed to be entered for defendant in automobile damage case under this section. Yanney v. Nemer, 154 Neb. 188, 47 N.W.2d 368 (1951).

  • Where trial court should have dismissed action, Supreme Court can direct such action to be taken. Wax v. Co-Operative Refinery Assn., 154 Neb. 42, 46 N.W.2d 769 (1951).

  • Supreme Court may, on appeal from order granting judgment notwithstanding the verdict, dispose of motion for new trial. Krepcik v. Interstate Transit Lines, 153 Neb. 98, 43 N.W.2d 609 (1950).

  • On appeal from an order refusing to enter judgment notwithstanding verdict, Supreme Court may direct judgment to be entered in favor of party entitled thereto. Patrick v. Union Central Life Ins. Co., 150 Neb. 201, 33 N.W.2d 537 (1948).

  • On appeal, Supreme Court may order judgment to be entered in favor of party entitled thereto without ordering new trial in district court. In re Estate of Farr, 150 Neb. 67, 33 N.W.2d 454 (1948).

  • 4. Miscellaneous

  • Where this section and section 25-1315(1) are in conflict, this section controls. R & D Properties v. Altech Constr. Co., 279 Neb. 74, 776 N.W.2d 493 (2009).

  • Unless the proceedings leading up to a motion for new trial constitute a trial, the order granting a new trial does not afford a right to appeal. Jarrett v. Eichler, 244 Neb. 310, 506 N.W.2d 682 (1993).

  • While this section authorizes appeals in certain described situations, its definitions are not exclusive. Edquist v. Commercial Sav. & Loan Assn., 191 Neb. 618, 217 N.W.2d 82 (1974).

  • This section was not applicable to issues presented. Central Sur. & Ins. Corp. v. Atlantic Nat. Ins. Co., 178 Neb. 226, 132 N.W.2d 758 (1965).

  • Under specified conditions, right of appeal from interlocutory order was granted. Otteman v. Interstate Fire & Cas. Co., Inc., 171 Neb. 148, 105 N.W.2d 583 (1960).

  • Purpose and intention of the 1947 act, of which this section is a part, was not only to facilitate procedure but also to create additional rights. In re Estate of Kinsey, 152 Neb. 95, 40 N.W.2d 526 (1949).